Missouri Credit Card Debt: Statute of Limitations & Laws (2026)

Missouri’s 10-year written SOL

Credit card debt in Missouri is treated as a written contract claim when the issuer can produce the cardholder agreement. Missouri Revised Statute § 516.110 sets a 10-year limitations period for actions on a writing for the payment of money or property. RSMo § 516.120 sets a 5-year period for oral contracts and accounts where no written agreement exists. The Missouri Supreme Court in Lake Ozark Construction Industries v. Walter E. Heller and Co. confirmed that revolving credit accounts qualify as written contracts under the 10-year rule.

The clock runs from the date of the cardholder’s last payment or written acknowledgment. Once the 10-year period closes, the debt is time-barred. The consumer must affirmatively raise the defense in a written answer to the petition.

Missouri courts strictly apply the rule that any payment, even a single dollar, restarts the SOL clock. Debt collectors aggressively pursue minimum payments on old accounts approaching the 10-year window. The Legal Services of Eastern Missouri debt collection guide warns consumers never to make any payment on an old debt without first verifying the SOL position.

The head-of-family wage exemption

Missouri provides one of the strongest wage protections in the nation for heads of family. RSMo § 525.030 provides:

• For head-of-family employees: 90 percent of weekly net earnings are exempt; only 10 percent is garnishable
• For non-head-of-family employees: the federal default of 25 percent of disposable earnings (or amount over 30 times federal minimum wage)

An employee qualifies as head of family if they support more than half of a dependent’s expenses. The dependent can be a spouse, child, or other family member living in the same household. The exemption is claimed on a notice-of-exempt-property form, typically within 20 days of receiving the garnishment notice. Failure to file the form timely waives the head-of-family exemption for that garnishment.

For a Missouri head-of-family earning 700 dollars weekly net, only 70 dollars is garnishable (10 percent) instead of 175 dollars under the federal 25 percent default. Over a year, that is 5,460 dollars per year instead of 9,100 dollars per year. The head-of-family exemption can extend the practical life of a judgment by years.

Missouri’s 9 percent post-judgment interest

Missouri Revised Statute § 408.040 sets post-judgment interest at 9 percent simple annually. This is among the highest in the Midwest, meaning the judgment balance grows quickly even with active garnishment. A 10,000 dollar judgment accrues 900 dollars in year one. The high interest rate is another argument for settlement over slow garnishment.

Settlement math for a Missouri head-of-family with an 11,200 dollar judgment

A Jackson County (Kansas City) resident with an 11,200 dollar credit card judgment, qualifying as head of family with 720 dollars weekly net earnings, faces a garnishment of 10 percent, or 72 dollars per week (3,744 dollars per year). Post-judgment interest at 9 percent simple under RSMo § 408.040 adds 1,008 dollars in year one. The judgment is effectively growing at 1,008 dollars minus 3,744 dollars equals a net reduction of 2,736 dollars per year.

At that pace, the judgment takes about 5 years to satisfy. A lump-sum settlement at 35 percent of principal is 3,920 dollars, comparable to about 14 months of garnishment. The pillar payoff calculator models multi-year garnishment cost against settlement cash today.

Missouri compared to Plains and Midwest neighbors

Missouri’s head-of-family exemption is unique in the region. Combined with the 10-year SOL, it produces a long but slow-collection regime.

Five Missouri-specific paths

1. File the head-of-family exemption affidavit immediately upon garnishment notice. The form (typically called Notice of Exempt Property) must be filed within 20 days of garnishment notice. The court then schedules a hearing where the employee proves head-of-family status with marriage license, birth certificates, school enrollment, or other dependency documentation.

2. Plead the 10-year SOL only if more than 10 years have actually passed. Many Missouri consumers think their debt is time-barred at 5 or 6 years but the written 10-year rule applies to most credit card cases. Confirm the exact date of last payment before raising the defense.

3. Refuse to make any partial payment on old debt. Missouri’s any-payment-restarts-the-clock rule means a single dollar payment can revive a 9-year-old debt for another full 10 years. Verify SOL position before responding to any settlement offer.

4. Stack Missouri exemptions for head-of-family filers. Head-of-family filers get an additional 1,250 dollars wildcard exemption under RSMo § 513.430 on top of the standard 600 dollars. The 15,000 dollar homestead, 3,000 dollar vehicle, 3,000 dollar household goods, and head-of-family wildcards stack to about 22,850 dollars for a head of family.

5. File Chapter 7 if non-exempt unsecured debt exceeds 25,000 dollars and income is below Missouri median. Missouri median household income for the Chapter 7 means test is 70,144 dollars for 2026 per the U.S. Trustee Program. Filers under the median qualify automatically. The automatic stay under 11 U.S.C. § 362 halts garnishment immediately.

Decision tree

• Head of family and supporting a dependent: file Notice of Exempt Property within 20 days, garnishment drops to 10 percent.
• Last payment more than 10 years ago and no acknowledgment since: answer with RSMo section 516.110 SOL defense.
• Old account being pressed for any payment: do not pay until SOL date confirmed in writing.
• Income below Missouri median and judgments over 25,000 dollars: file Chapter 7.

Primary Missouri and federal sources

• RSMo § 516.110, 10-year statute of limitations
• RSMo § 516.120, 5-year statute of limitations
• RSMo § 525.030, head-of-family wage exemption
• RSMo § 513.475, homestead exemption
• RSMo § 513.430, personal property exemptions
• RSMo § 408.040, post-judgment interest
• Missouri Attorney General Consumer Complaint
• Legal Services of Eastern Missouri

Sibling state pages

• Iowa credit card debt laws
• Kansas credit card debt laws
• Illinois credit card debt laws
• Nebraska credit card debt laws

Related calculator tools

• Credit card payoff calculator
• Debt management plan calculator
• Balance transfer calculator

Frequently asked questions

What is the statute of limitations on credit card debt in Missouri?

Ten years for written contracts including credit card agreements under Missouri Revised Statute section 516.110, and 5 years for oral contracts and unsigned accounts under RSMo section 516.120. Most Missouri credit card cases trigger the 10-year rule because issuers can produce cardholder agreements. The Missouri Supreme Court in Lake Ozark Construction Industries v. Walter E. Heller and Co. confirmed that revolving credit accounts qualify as written contracts when the agreement is producible.

What is the Missouri head-of-family wage exemption?

Missouri Revised Statute section 525.030 protects 90 percent of weekly net earnings (only 10 percent is garnishable) for any employee who is the head of a family. The exemption applies if the employee provides more than half the support of a dependent. The default federal 25 percent cap applies to non-head-of-family employees. The head-of-family exemption is claimed on a notice-of-exempt-property form within 20 days of the garnishment notice.

What is Missouri’s homestead exemption for credit card judgments?

Missouri Revised Statute section 513.475 protects 15,000 dollars of equity in a primary residence and 5,000 dollars in a mobile home. The Missouri homestead is among the lower exemptions in the Midwest. The personal property exemption under RSMo section 513.430 covers 3,000 dollars in vehicle equity, 3,000 dollars in household goods, 600 dollars in wildcard for non-head-of-family, and an additional 1,250 dollars wildcard for heads of family.

Can a debt buyer sue me in Missouri without the original cardholder agreement?

Missouri Supreme Court Rule 55.22 requires plaintiffs in account-stated cases to attach the original instrument or a copy. Under Missouri Revised Statute section 425.010 and the Missouri Merchandising Practices Act, debt buyers must comply with state and federal disclosure requirements. Missouri Court of Appeals cases such as CACH LLC v. Askew have dismissed debt-buyer claims for failure to authenticate the assignment chain at trial.

Where do I file a Missouri consumer complaint against a credit card collector?

The Missouri Attorney General Consumer Protection Section accepts complaints at ago.mo.gov/file-a-complaint/consumer-complaint. The Missouri Division of Finance regulates licensed lenders. Legal Services of Eastern Missouri at lsem.org provides free self-help resources for income-qualified residents. Federal FDCPA complaints also go to the Consumer Financial Protection Bureau.